Non-compoundable offences cannot be compounded indirectly, and earlier permissive rulings require larger Bench reconsideration.

Section 320 CrPC sets out a closed scheme for compounding offences, and a non-compoundable offence cannot be treated as compoundable by judicial route, whether directly or indirectly. Section 120B IPC is identified as a separate offence that remains non-compoundable, and the Court stressed that it cannot rewrite the statutory classification or assume the legislative function. Earlier decisions permitting indirect compounding of non-compoundable offences were therefore treated as requiring reconsideration by a larger Bench.

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Issues: Whether a non-compoundable offence can be permitted to be compounded directly or indirectly, and whether the earlier decisions allowing such compounding required reconsideration by a larger Bench.

Analysis: Section 320 of the Code of Criminal Procedure, 1973 classifies offences as compoundable, compoundable with permission of the Court, and non-compoundable. Section 120B of the Indian Penal Code, 1860 is a separate offence and remains non-compoundable. The order emphasises that the Court cannot amend the statute or assume the legislative function, and that what cannot be done directly cannot be achieved indirectly. In that view, the earlier decisions permitting indirect compounding of non-compoundable offences were considered to require reconsideration.

Conclusion: Non-compoundable offences cannot be permitted to be compounded by judicial process, directly or indirectly, and the matter was directed to be placed before a larger Bench for reconsideration of the earlier decisions.

Ratio Decidendi: A non-compoundable offence cannot be compounded by the Court either directly or indirectly, since the power to alter the statutory scheme lies with the legislature.

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